Claim under the lease agreement. Sample letter of claim for non-compliance with the terms of the contract Notice of non-fulfillment of obligations by the tenant

How to write a complaint to a tenant?

Problems with collecting rent periodically arise for many landlords. Sometimes they have to be resolved with the involvement of the court. To succeed in this process, it is necessary to conclude an appropriate agreement with the tenant before renting out the property. If the deal took place without signing official document, then proving the validity of your claims will be problematic. First you need to try to solve the problem amicably. If this fails, then submit statement of claim on collection of arrears of rent and penalties.

Landlords are interested in how to correctly write a complaint to a tenant. Contact a lawyer, he will help you draw up the document correctly. This claim can then be used as evidence during court hearings.

In case of self-composition:

include in the text the basis of the debt, contract or agreement concluded with the tenant;
the period from which the debt began to form;
the rule of law on which your claim is based;
calculation of the amount of debt, incl. indicating the penalty and the rates that were used as the basis for the calculation.

Before going to court, you must contact the debtor directly. Often, a written and recorded complaint to the tenant for non-payment will solve all problems. It is advisable to send it by registered mail with notification. If after this the other party refuses to pay the debt, you can go to court.

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Sample claim under a lease agreement

To the director of the LLC

from JSC

Claim

for debt under a lease agreement

An Agreement dated July 08, 2011 for the rental of carriage houses (hereinafter referred to as the “Agreement”) was concluded between the CJSC and the LLC, in accordance with clause 1.1. which the Lessor undertakes to provide the Lessee with 2 (two) cabin cars for temporary use. The agreement was concluded for a period of two months until 09/08/2011 (clause 2.1 of the Agreement).

According to the acceptance and transfer certificate dated 07/08/2011 (Appendix No. 1 to the Agreement), signed by the parties, the property was transferred.

The parties subsequently concluded Additional Agreement No. 1 to the Agreement dated 07/08/2011, according to which the parties agreed to consider the Agreement concluded for a period of 4 (four) months until 12/20/2011 inclusive and comes into force from the date of its signing by the Parties. The rent for one cabin car is set at 376.10 rubles per cabin car per day.

As of today, the amount of delay under the Agreement is RUB 201,589. 60 kopecks for the period from December 21, 2011 to September 13, 2012

Clause 8.3. The Agreement establishes that for untimely return of property, the Party that violated the Agreement is obliged to pay the other Party a fine in the amount of the value of such property.

The amount of the fine is 91,902 rubles. 42 kopecks for two carriage houses.

According to clause 9.1. Agreement The Parties will strive to resolve all possible disputes and disagreements that may arise under the Agreement or in connection with it through negotiations.

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According to Article 622 of the Civil Code of the Russian Federation, upon termination of the lease agreement, the tenant is obliged to return the property to the lessor in the condition in which he received it, taking into account normal wear and tear or in the condition stipulated by the agreement.

If the tenant does not return the leased property or returns it untimely, the lessor has the right to demand payment of rent for the entire period of delay. In the event that the specified fee does not cover the losses caused to the lessor, he may demand compensation for them.

Please note that in case of non-compliance on your part legal requirements We will have the opportunity to file a claim in court and collect from you, in addition to the direct amount of the debt, all legal expenses incurred in the case, incl. the state duty paid by me (Article 98 of the Code of Civil Procedure of the Russian Federation) and the costs of paying for the services of a representative within reasonable limits (Article 100 of the Code of Civil Procedure of the Russian Federation), however, when making a reasoned decision to change the amount of amounts collected to reimburse the relevant expenses, the court does not have the right to reduce it arbitrarily, therefore, if the case goes to court, you will have to pay me a much larger amount than I provided to you.

In addition to the amount of debt, fines, expenses for paying the state fee for going to court and paying for the services of a representative, you will also be charged seven percent of the amount that the court will oblige you to pay in favor of our organization, and this amount will be far from 293,492, 02 rubles.

We really hope for a peaceful resolution to our conflict, without resorting to courts. It is possible that during the negotiations we will also be able to find some other acceptable solution to the problem.

Guided by the above and in accordance with Art. 309, 622 Civil Code of the Russian Federation

ASK:

transfer funds in the amount of 293,492.02 rubles to our current account: to CJSC “Uralprivatbank”, Yekaterinburg, BIC 046568782, c/s 30101810500000000782;
respond to us within 3 days of receiving this complaint.

Date, signature

P.S.: if you have a problem, call our lawyer and we will try to resolve your issue: professionally, on favorable terms and on time

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Today, the process of drawing up a lease agreement for non-residential premises has a number of features and nuances.

Dear readers! The article talks about typical solutions legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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You will need to familiarize yourself with all of them in advance. If there are any difficult issues or disputes, they can be resolved by drawing up a special claim under the lease agreement.

What it is

Acquiring ownership of non-residential or commercial real estate is quite problematic.

That is why a fairly popular solution is the issue of renting out real estate. When transferring real estate for temporary use, it will be necessary to draw up a lease agreement.

Such a document has a certain legal force, it is important to familiarize yourself with all the features of the drafting.

So in a simple way It will be possible to reduce the likelihood of various difficulties and problematic situations to the very minimum.

But it often happens that precisely due to violation of legal norms and the format of this type of document, some difficulties and problems arise.

These can be resolved in various ways:

peacefully - in advance judicial procedure;
through the court.

The second method, which involves going to court, should be used only as a last resort. Because litigation imply a large number of difficulties.

Moreover, it is worth dealing with all of them in advance. Moreover, without the proper experience, it will be problematic to avoid the occurrence of various difficult moments.

An alternative option is to file a claim. This is a document that identifies violations that occur in the opinion of a particular tenant.

Such a document must necessarily include some main sections. At the same time, it actually does not have a single established form. However, you should be careful when drafting one. Subsequently, it can become evidence in court.

In what cases should I present

The process of drawing up this type of agreement has its own subtleties and features. Moreover, it is possible to draw up and submit a claim in different situations.

This usually happens in the following cases:

failure to comply with deadlines for transferring rent;
failure to comply with requirements regarding the maintenance of the property;
other.

The list of reasons why the parties may have claims against each other is quite extensive. But most often it is associated precisely with the lack of payment. However, quite often there are controversial situations for other reasons.

Main normative document, within the framework of which an agreement of the appropriate type is drawn up, is .

In turn, it is the lease agreement that determines the procedure for paying rent, as well as many other points. There are many intricacies involved in filing claims.

Such a document has an important function - to terminate the agreement in unilaterally is possible only after drawing up a claim and sending it to the other party. Only after this is it possible to terminate the lease agreement.

This point is determined precisely by the Civil Code of the Russian Federation. Wherein this condition does not concern the tenant. In turn, it may be indicated in the contract - in this case, comply with this requirement strictly required.

There are many specific issues associated with the preparation of such claims.

Before you begin to draw up one, you should carefully study the relevant provisions of the Civil Code of the Russian Federation, as well as the lease agreement itself.

The main feature of this type is the following point - if the lease agreement does not contain any norm, then the priority norm will be the content of the Civil Code of the Russian Federation governing this moment. All the subtleties and features will need to be sorted out first.

Separately, it is worth noting the issue of drawing up a claim of this type. It is best to contact a qualified specialist about this.

This way, the likelihood of problems occurring will be minimized. Factual or legislative errors are not allowed. If you don’t have the means to contact an experienced lawyer, then you should use a correctly compiled sample as an example.

How to compose and its sample

Drawing up a claim can be carried out in different ways - both in handwriting and in another form. It should be taken into account that optimal solution- exactly the printed form. This way it is possible to prevent words from becoming unreadable, as well as other difficult issues.

Despite the absence of a unified form for this type of document, a number of points must be present in such a claim. mandatory.

These points are the following:

the name of the document itself;
indication of the position, as well as personal data of the manager;
outgoing document number, as well as the date the document was compiled;
the details of the agreement under which the claim will take place are indicated (the date of preparation, as well as the serial number of the agreement itself);
the grounds for concluding a lease agreement are indicated;
the essence of the claim itself is indicated - it could be non-payment of rent, something else (in this section it is necessary to indicate the clause of the lease agreement, the violation of which takes place);
the requirements in relation to a specific case are indicated;
indicates a list of documents that are attached to in this case;
The signature of the head of the enterprise is affixed, as well as its transcript and date.

You should familiarize yourself with all the intricacies of the registration process in advance. It is worthwhile to approach the preparation of such a claim with the utmost responsibility and care. Since later it may become the basis for consideration of the case in court.

The presence of errors in such a document can subsequently cause a number of different difficult situations to arise. It is best to understand all the subtleties in advance.

Complaint to the landlord under a lease agreement for non-residential premises and its sample

In turn, the lessor also has the right to make various claims under the lease agreement for non-residential premises. The grounds for forming such a claim can be very different.

The most common ones that occur most often in judicial practice, the following:

requirement to terminate a real estate lease agreement for any reason;
implementation of the payment recalculation process in the event that there are any variable parts.

Separately, it is worth noting that often claims arise precisely because the provision of real estate is of inadequate quality and condition. It would be best to work out this question in advance.

Moreover, the optimal solution is to collect in advance all supporting documents that will confirm this fact. It is best to familiarize yourself with all the subtleties in advance. This will allow you to avoid a variety of difficulties and difficulties.

This type of claim itself usually includes the following sections:

the data is indicated:
- tenant;
- landlord;
the name of the corresponding type of claim is indicated;
then the very essence of this type of claim is formed;
at the bottom of the document is written full list documents that must be attached in a particular case and are the basis for drawing up and sending a claim:
- a copy of the lease agreement;
- a copy of the acceptance and transfer act;
- a list of documents that confirm the fact of payment of rent of a certain amount;
- calculation of the rental amount - if required in a particular case;
At the bottom of the document a signature is affixed, as well as a date.

From the landlord

The grounds for filing a claim by the landlord can be very different. However, the format of such claims is similar.

At the moment, claims from the landlord can be formed as follows:

failure to comply with any requirements specified in the contract;
non-payment of rent;
other.

With all the subtleties and specifics of compilation of this type It is best to sort out the documents in advance. This will avoid various problems in the future.

About debt

Most often, the process of forming a claim takes place precisely in the case of debt. Moreover, it is worth noting separately the accrual of penalties. According to the Civil Code of the Russian Federation, this can only be accrued if there is a corresponding clause in the lease agreement.

A uniform form of calculating penalties for a specific violation is required. If the lease agreement contains several different methods for calculating such payment, then there is a high probability that it will be declared invalid in court.

[outgoing message number, document date]

D. [date of conclusion of the agreement] between _____________ [name of the lessor] and _____________ [name of the tenant] a lease agreement was concluded for the premises _____________ [number of the agreement and its name] (hereinafter referred to as the Agreement).

According to the Acceptance and Transfer Certificate of the Premises dated “___”__________ ____ [number and date of the act] _____________ [information about the rental property] _____________ [name of the tenant] was transferred.

In accordance with clause _____________ [clause of the agreement establishing the amount of rent].

According to clause _____________ [clause of the agreement establishing the procedure and terms for payment of rent] of the contract _____________ [content of this clause].

In violation of clause _____________ [clause of the agreement establishing the procedure and terms for payment of rent] of the Agreement as of “___”____________ ____ [the date on which there is rent arrears], rental payments for the period from “___”__________ ____ to “___ »__________ ____ [specify period] in the amount of _____________ [specify amount of debt] _____________ [name of tenant] were not paid.

By virtue of Art. 309 Civil Code Russian Federation obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with customs or other usually imposed requirements.

According to paragraph 1 of Art. 310 of the Civil Code of the Russian Federation, unilateral refusal to fulfill an obligation and unilateral change of its terms are not allowed, except in cases provided for by the Civil Code of the Russian Federation, other laws or other legal acts.

According to paragraph 1 of Art. 614 of the Civil Code of the Russian Federation, the tenant is obliged to promptly pay fees for the use of property ( rent). The procedure, conditions and terms for paying rent are determined by the lease agreement.

Free legal advice:

Based on the above, _____________ [name of the lessor] demands within _____________ [period under the contract or law] from the receipt of this claim:

pay rent arrears in the amount of: _____________ [amount of debt] for the period from “___”__________ ____ to “___”__________ ____ [specify period];
pay the penalty under the contract (if the penalty is provided for by the contract or law).

Details for transfer Money:

_____________ [insert bank details of the lessor]

If payment is not made within the specified period, _____________ [name of the lessor], in turn, will be forced to apply to _____________ [name of the arbitration court] to recover the specified amount, and the amount will increase by the amount state duty, payment for the work of a lawyer (representative).

A peaceful settlement of this issue will save your time and money.

Free legal advice:

Sample letter of complaint to the landlord

When concluding a lease agreement, certain conditions are prescribed, violation of which leads to certain consequences for the violating party. Writing a complaint letter is the first step to correcting violations of the lease agreement.

Upon receipt of a letter of complaint by the landlord, the question of how the issue of further actions will be resolved is decided. If the landlord admits his mistakes and corrects them voluntarily, then the violations will be resolved amicably. IN otherwise, the tenant can file a lawsuit in order to protect his rights by terminating the contract or collecting a penalty.

A letter of complaint is the first stage pre-trial settlement any disagreements that have arisen between the parties. Filing a complaint with the landlord in writing is necessary action on the part of the tenant. Chapter 34 Civil Code The Russian Federation helps citizens independently draw up such a claim.

How to write a letter of complaint to a landlord?

First of all, describe what clauses and conditions were specified in the contract, describe the property that was leased. Also, write down what laws or terms of the contract were violated by the other party, describe the essence of your claims to the landlord.

Free legal advice:

When writing a letter, formulate your claims and demands to the other party correctly and clearly. Specify the time frame within which violations must be corrected.

The requirements must not contradict the clauses of the contract and Russian Legislation.

In the letter, indicate what awaits the landlord if he does not take any action to resolve the issue. When going to court, the defendant may be charged not only the amount specified in the contract, but in addition the defendant will have to pay damages or compensation.

In order to avoid situations in which it is necessary to resolve violations, contact a lawyer at the stage of drawing up the lease agreement. All cases of non-fulfillment of contract clauses must be recorded. Seek the help of a lawyer to analyze the situation or provide advice. A timely hint will protect you from mistakes in drawing up a contract. Legal assistance will make the opponent think that the first party's intentions are serious.

Free legal advice:

About whether it works guarantee obligation when selling an apartment, read here.

What law regulates rental relations?

The Civil Code of the Russian Federation regulates the relationship between the tenant and the landlord.

Article 619 of the Civil Code states that termination of a lease agreement is possible only if a letter of claim has been sent and received by the defendant.

When filing a claim, find out about the provisions in the Civil Code, and also carefully read the clauses of the lease agreement. If there is no specific clause, rely on the provisions in the Civil Code.

Features of the agreement between the tenant and the landlord

The lessor and the lessee enter into a lease agreement, in which they indicate that the property is provided to another person for use, for a rent. Be sure to enter into an agreement writing, provided that the lease lasts more than a year.

Free legal advice:

Important! Property can only be leased by the owner of the property or an authorized person on his behalf.

After concluding a lease agreement, the property does not immediately pass into the use of the tenant. The lessor must transfer this property. Receipt of rent ends when the tenant returns the property to the lessor for use.

It is important to remember that the parties must draw up a deed when transferring real estate to another person, as well as when returning it.

Disagreements can arise at any stage and on any clause of the lease agreement.

The tenant may violate the terms of the contract by not paying the rent or paying it late; damages the rented property; does not monitor the integrity and safety of property.

Free legal advice:

The lessor does not comply with the clauses of the agreement in that he may not transfer the property for the use of the party; or because he refuses to return the deposit that the tenant paid at the beginning of occupancy.

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Free legal advice:

G., there is arrears in payment of rental payments totaling

Free legal advice:

According to paragraph 1 of Art. 614 of the Civil Code of the Russian Federation and clauses 4.3., 6.1.2. concluded between the parties to the Agreement, your party has undertaken to promptly pay rent for the use of the premises.

Free legal advice:

Claim under lease agreement

In case of violation of its obligations by any of the parties to the transaction, the subject of which is a lease relationship, a claim is filed under the lease agreement. A written complaint will allow you to identify legal relations, the fact of violation of rights, and demand that the violations be eliminated.

The behavior of the addressee of the claim after receiving a claim under the lease agreement will make it possible to determine whether it is necessary to file a claim for termination of the contract, to collect a penalty, etc. Or the addressee of the claim is ready to correct the violations on a voluntary basis.

Often, filing a claim under a lease agreement is a mandatory way to resolve a dispute out of court - as expressly stated in the text of the agreement. The following example of a claim under a lease agreement, as well as familiarization with the rules of Chapter 34 of the Civil Code of the Russian Federation, will help you prepare such a document yourself.

Example of a claim under a lease agreement

Claim under lease agreement

On July 2, 2016, a lease agreement was concluded between us for residential premises, namely apartment No. 16 at the address: Nizhny Novgorod, st. Rossiyskaya, 91. Under the terms of the agreement, I, as the Lessor, transferred to you, as the Tenant, for temporary possession and use of the specified apartment with the condition of making monthly rental payments in the amount of rubles, as well as compensation for expenses for public utilities, namely light, water and heating by meters.

Free legal advice:

The assignment of these responsibilities is fully consistent with Art. 616 of the Civil Code of the Russian Federation: The tenant is obliged to bear current expenses for the maintenance of the leased property. In accordance with Art. 619 of the Civil Code of the Russian Federation and 450 of the Civil Code of the Russian Federation as one of the conditions early termination of the lease agreement is the Tenant’s failure to pay not only the rent, but also the money spent by the Landlord on utility bills by the 20th day of each month.

According to the receipt for utilities for October 2016, the Landlord paid for services (electricity, hot and cold water, heating) in the amount of 2890 rubles, for November 2016 – 3012 rubles.

Based on the above, guided by clauses 2.4., 5.3 of the Lease Agreement dated 07/02/2016, Art. 619 of the Civil Code of the Russian Federation, I demand, within 10 days from the date of receipt of this claim, to pay the Lessor funds in the amount of rubles. Otherwise, I will be forced to go to court with a statement of claim to recover funds, as well as penalties under Art. 395 of the Civil Code of the Russian Federation.

10.10.2012 Zamyatina M.V.

Claim under a lease agreement - features

Lease relations are regulated by the Civil Code of the Russian Federation. At the same time, the lease agreement itself may change the procedure for regulating the rights and obligations of the lessor and the lessee in comparison with the Civil Code of the Russian Federation. However, by virtue of the direct instructions of Art. 619 of the Civil Code of the Russian Federation, the lessor can terminate the lease agreement only after sending a claim (warning). It is not necessary for the tenant to send such a warning by law, but such a condition may be in the contract.

Free legal advice:

Due to the specific nature of lease legal relations, when making a claim under a lease agreement, carefully study the text of the agreement and the norms of the Civil Code of the Russian Federation. If the Civil Code of the Russian Federation does not indicate: unless otherwise established by the agreement, then the norm of the law will apply regardless of its presence in the agreement.

Drawing up and filing a claim under a lease agreement

A correctly drawn up claim will become one of the evidence for civil case and will help in preparing and filing a claim. Therefore it should contain links to legal norms and the text of the agreement itself. In case of difficulties in the legislation, a lawyer on the site can help you figure it out.

The text of the claim must include:

date of conclusion of the lease agreement (or actual provision of property for temporary possession and (or) use;
what obligations were violated;
requirement to fulfill obligations or terminate the lease agreement early.

The claim must be signed and dated. You can hand it over in person by asking the other party to mark receipt. Or send a claim under the lease agreement by post or registered mail with a list of the contents.

Failure to comply with the legal requirements of a claim under the lease agreement will be the basis for going to court to protect violated rights.

Free legal advice:

Sample complaint letter to landlord

Claim

I hereby inform you that the Agreement on the use of the premises of the multifunctional shopping and entertainment center MR No. _________ (hereinafter referred to as the Agreement) signed between AKOO __________ and LLC _____________ (hereinafter referred to as the Agreement) is a mixed agreement, and in part a Lease Agreement real estate, provided for in Art. 650 of the Civil Code of the Russian Federation, since it determines what property, for what payment and for what period must be leased by the Lessor to the Tenant. In accordance with the requirement of Art. 608 of the Civil Code of the Russian Federation, only the owner of the property has the right to lease property. According to Article 131 of the Civil Code of the Russian Federation, ownership and other real rights on real estate, restrictions on these rights, their occurrence, transfer and termination are subject to state registration in the One state register bodies carrying out state registration of rights to real estate and transactions with it. However, the Lessor is not currently the owner of the property designated in clause 1 of the Agreement as the Premises. Thus, due to the Lessor’s lack of ownership rights, the Agreement concluded between the parties is void by virtue of Art. 168 of the Civil Code of the Russian Federation, in confirmation of this position, see Resolution of the FAS Volga-Vyatka District dated 03/22/2010 in case No. A/2009, Resolution of the FAS Volga-Vyatka District dated 02/04/2010 in case No. A/2009, Resolution of the FAS East Siberian District dated 06/07/2011 in case No. A/10. And as a result, the Lessor’s receipt of payments under such an Agreement is not legal, see Resolution of the Federal Antimonopoly Service of the East Siberian District dated 06/07/2011 in case No. A/10.

According to clause 10.6 of the Agreement, the lease period is set at 5 (Five) years, however, the state registration of the Agreement, provided for in Art. 651 of the Civil Code of the Russian Federation was not carried out, accordingly it is not concluded.

In addition, if we consider this Agreement as a preliminary lease agreement, then in this case your receipt of rental payments is unlawful. Within the meaning of Art. 429 of the Civil Code of the Russian Federation, persons who have entered into a preliminary agreement have the only obligation - to conclude the main agreement in the future and the right to demand that the other party conclude the main agreement, that is, to demand execution (clause 2 of Article 308 of the Civil Code of the Russian Federation). In addition, the preliminary agreement is characterized by gratuitousness (Article 423 of the Civil Code of the Russian Federation). Legal nature preliminary agreements, from the point of view of their independent significance, do not imply the emergence obligations property nature arising from the future agreement. That is, the legislation does not provide for the possibility of paying funds according to preliminary Agreement. This is confirmed by extensive judicial practice see Resolution of the Tenth Arbitration Court court of appeal dated December 20, 2010 in case No. A/10, Resolution of the Eighteenth Arbitration Court of Appeal dated December 28, 2010 No. 18AP-12011/2010 in case No. A/2010, etc.

Based on the above, I believe that the agreement concluded between AKOO ___________________ and LLC _________ on the use of the premises of the multifunctional shopping and entertainment center MR No. _______ does not comply with the requirements of the Civil Code of the Russian Federation, is invalid and cannot give rise to legal consequences, that is, your receipt of rental payments, fines, penalties and other funds for this Agreement illegal.

I ask you to accept the premises transferred to LLC __________ under the Agreement, sign the relevant Acts, and also terminate the MR Agreement No.___________.

Free legal advice:

Representative of GRAFF LLC by power of attorney __________________/____________________/ _________________

Claim (demand) for payment of debt under a sublease agreement

Subtenant of OJSC V.,

tenant IP K.,

on payment of debt under the contract

According to the sublease agreement for non-residential premises dated September 23, 2008. concluded between IP K. and OJSC V., represented by the director. OJSC B rents non-residential premises in the building at the address: Omsk, st. with total area 1129.6 sq.m.

Free legal advice:

P. 2.1. The Agreement obliges you to pay the rent established by the Agreement no later than the twenty-fifth day of the month preceding the payment period.

As of 02/05/2009 You have rent arrears in the total amount of 0 (Eight hundred seventy-four thousand) rubles:

due date for payment is December 25, 2008. rub.

Due for payment January 25, 2009 rub.

In addition, based on clause 5.1. Agreement, for late payment of rent, the Subtenant shall pay a penalty in the amount of 0.05% of the overdue amount for each day of delay.

Free legal advice:

As of 02/05/2009 the amount of the penalty is (twenty-nine thousand two hundred twelve) rubles.

We ask you to repay your existing debt by February 15, 2009. Otherwise, we will be forced to contact Arbitration court Omsk region with a claim for debt collection, penalties for late payment of rent, with all charges attributed to the defendant legal expenses.

IP K. _____________ 02/05/2009

Documents to court (procedural documents):

Sample complaint for violation of the terms of the lease agreement

When concluding a lease agreement, a relationship arises between the tenant and the landlord regarding the temporary use of non-residential premises. It happens that a tenant may violate the terms of the lease agreement for non-residential premises once or more than once. As a result, the landlord may demand that all violations be removed or even terminate the contract, followed by payment of all debts under the lease agreement for non-residential premises. In order for the landlord to formalize this correctly, it is necessary to write a complaint to the tenant indicating all violations and the time frame for their elimination.

Free legal advice:

P R E T E N Z I

under the Lease Agreement _______________________ dated ________________________

In violation of the provisions civil legislation Russian Federation and the Lease Agreement No. concluded between our parties

From ____________________ year for your enterprise, as of

D. there is arrears in payment of rental payments totaling

Rub. __________ kop.

This debt arose as a result of repeated delays in paying rent under Lease Agreement No.____________________ dated _________________.

According to paragraph 1 of Art. 614 of the Civil Code of the Russian Federation and clause 4.3. 6.1.2. concluded between the parties to the Agreement, your party has undertaken to promptly pay rent for the use of the premises.

For what is provided under the lease agreement No.______________ dated

Year non-residential premises Your party is obliged to pay monthly ________________________________ rent in the amount of ________________________ rubles, including VAT 18% - _____________ rubles.

Rent for the current month of rent is paid no later than the 10th day of the paid month (according to the terms of this Agreement).

According to the terms of the Lease Agreement concluded between our parties, if the Tenant does not pay the rent on time: “The Lessor may unilaterally, out of court, refuse to fulfill this Agreement, which entails termination of the Agreement without going to court.”

When unilateral refusal from fulfilling the contract in whole or in part, when such refusal is permitted by law or agreement of the parties, the contract is considered respectively terminated or amended (clause 3 of Article 450 of the Civil Code of the Russian Federation).

We demand that you fulfill your obligation to pay rental payments under the Agreement concluded between our parties within __________________ a year.

In case of failure specified requirement within up to ___________________ year, due to a significant delay in fulfillment by your party of obligations to pay rental payments under Lease Agreement No. ________________________ dated

Year, we declare our refusal to execute and terminate the Lease Agreement No. ______________ dated _____________ from __________________.

CEO __________________ ________________

Grounds for initiating a claim process

The injured party to the rental relationship may initiate termination of the contract in certain cases. A complaint to the landlord, a sample document is available on our website, is issued if:

During the contractual period, the financial terms of the contract were not violated (the rental rate was increased)

The terms of service for the rental property have been violated.

A tenant may need a sample claim in cases where:

The lessor's property is used with significant violations of the terms of the contract or the purpose of the property itself

The user caused damage to property

The rent payment system was violated (more than twice). In this case, the rule applies: partial payment of rent is not grounds for termination of the contract.

Making claims

Any of the documents can be drawn up in any form. But a legally competent claim under the lease agreement, a sample of which you will find on our website, will increase the chances of satisfying the applicant’s requirements. The latter are expressed concisely and clearly. Requirements must be justified. Various documents can be used as evidence of violation of rights by the injured party, from payment orders to acts independent examination(in case of property damage).

Documents with financial requirements deserve special attention. A sample claim for rent will help you file it within the framework of business document flow rules. The document must indicate the duration of the delay in payment, the amount of the underpayment, as well as the amount of the commission (penalty), if provided for by the terms of the contract.

The claim is submitted personally to the tenant/landlord or sent by mail. The sender remains with one copy, to which confirmation of delivery of the document is filed.

Claim for arrears under a lease agreement

(on the letterhead of the organization - the lessor)

(name of the tenant, full name of the manager)

Ref. N ___________________

from "___"__________ ____

“__”_________ ___, between ___________ and ___________, a lease agreement N ______ was concluded, registered ________________ for N ________, according to the terms of which our organization (Lessor) provided your company (Tenant) with non-residential premises with an area of _______ sq. m. for rent. m, located at the address: ____________, which, in turn, undertook to promptly pay the rent for the specified premises.

In accordance with clause ____ the said agreement rent rent for the provided non-residential premises with an area of _______ sq. m. is _______ rubles monthly. According to paragraph 1 of Art. 614 of the Civil Code of the Russian Federation and clause ____ of Agreement No. _____, your organization is obliged to promptly transfer the rent to our account by the ____ date of each month.

For the period from ________________ to the present, your organization, in violation of the terms of the concluded lease agreement and the norms of the current legislation of the Russian Federation, does not fulfill its obligations to pay monthly for rented non-residential premises.

The rent debt for “___”________ _____ is an amount of ________ (_______________) rubles. The calculation is attached.

Based on the above and guided by Art. 190, 192, 614 of the Civil Code of the Russian Federation, I demand before “____” ________ _______. repay the rent arrears in full in the amount of _________ rubles and pay the rent for ___________ month ahead of schedule.

Claim under a lease agreement for non-residential premises

LLC "__________" entered into a lease agreement for non-residential premises with LLC "___________" dated "___" _________ 20__ No. __________. However, despite the conscientious execution of LLC "___________" contractual obligations, LLC “_____” does not pay for the services provided on time, and therefore, as of “___” _________ 20__, there was a payment arrears for one month:

Rent in the amount of _______ (_______________ thousand) rubles, including VAT 18%;

Penalties in the amount of: ______ (___________ thousand) rubles __ kopecks, including VAT 18%.

I ask you to reimburse this debt and penalties by “___” _________ 20__, in the total amount of _______ (_______________ thousand) rubles, including 18% VAT.

Otherwise, the specified amount will be recovered through arbitration with all legal costs charged to the account of LLC “_______________”.

If you do not pay the total amount of debt, then “___” _________ 20__ you must vacate the occupied premises.

JSC "___________" ______________ / _______________ /

Claiming a rental agreement

Claim for lease agreement. Based on the lease agreement for non-residential premises concluded between the applicant and the organization, the lessor transfers and the tenant accepts non-residential premises for temporary use. Despite the fact that the applicant duly fulfills all the terms of the contract, the lessor regularly violates the terms of the contract. The applicant demands to terminate the lease agreement for non-residential premises and recalculate the debt for payment of the variable part of the rent payments under the lease agreement for non-residential premises.

From: IP ______________________________

Based on the Lease Agreement for non-residential premises No. _________ (hereinafter referred to as the Agreement) dated ________, concluded between individual entrepreneur _______________ (hereinafter referred to as the Tenant) and LLC "________" (hereinafter referred to as the Lessor), the Lessor transfers and the Tenant accepts for temporary use non-residential premises No. __ , located on the fourth floor of the Children's World with administrative premises building at the address: _______________________________

According to clause 4.1 of the Agreement, for the use of the rented premises, the Tenant undertakes to pay rent, including the following types payments:

Fixed rent;

Variable rent (includes reimbursement of operating services, reimbursement of utility costs - including hot and cold water supply, sewerage, heating, electricity, ventilation, reimbursement of expenses for using the telephone and the Internet).

In accordance with clause 1.4 of Appendix No. 1 to the Agreement, the fixed fee is set at _____________ rubles per month.

In this case, the Lease Agreement for non-residential premises was concluded in full compliance with the requirements of the legislation of the Russian Federation.

Despite the fact that I, an individual entrepreneur ____________, duly fulfill all the terms of the Agreement, the Lessor regularly violates the terms of the Agreement.

According to the issued invoice No. __ dated __________ for _________. I paid for the electricity supply of the places common use– _______ rubles, for water supply of public areas – _________ rubles.

Based on the issued invoice No. ___ dated ________ for ________, I paid for the electricity supply of common areas - ______ rubles, for the water supply of common areas - _______ rubles.

In accordance with the issued invoice No. ___ dated ______ for April _______, I paid for the electricity supply of common areas - ________ rubles, for the water supply of common areas - _________ rubles.

I would like to draw your attention to the fact that, according to the Agreement, the Tenant’s obligations did not include a clause on the obligation to pay for the maintenance of common property, therefore, the payment for the electricity supply to common areas was charged to me in violation of the terms of the Agreement.

In addition, the invoice for payment No. ___ dated _________ was signed by ____________, who has never been the head of ________ LLC. In accordance with current legislation, the specified account is invalid.

Supplementary Agreement No. 1 to the Lease Agreement for Non-Residential Premises No. ________ dated ________ (hereinafter referred to as the Additional Agreement) was signed between Individual Entrepreneur ____________ and LLC “_________” ________.

According to clause 1.1 Additional Agreement The fixed rent includes payment for the use of the premises, as well as reimbursement of operating services and part of the utility costs, namely: hot and cold water supply, sewerage and heating.”

Based on clause 1.2 of the Additional Agreement, the variable rent includes:

Reimbursement of utility costs for power supply to the premises, as well as reimbursement of the cost of communication services (telephone, Internet). The cost is calculated on the basis of current tariffs, based on the actually consumed resources and services.

Reimbursement of utility costs for electricity supply and ventilation of common areas. The cost is calculated based on current tariffs, proportional to the occupied area.

In accordance with clause 1.3 Add. Agreement, the monthly fixed rent is ___________ rubles.

Based on invoices No. ___,___,___, the energy supply to public areas for _______, respectively, is _______ rubles, for _______. is _____ rubles, for _______year. is _______ rubles.

In response to my requests to LLC "_________" to provide an estimate of payment for energy supply and other utility costs for the operation of the premises, I was not provided with the relevant documents.

In addition, according to clause 4.3.3. The parties to the agreement quarterly, or at other intervals agreed upon by the parties, reconcile calculations for payment of variable rent. This condition of the Agreement was repeatedly violated by LLC “________”.

I, an individual entrepreneur on __________________ _________, filed an application for unilateral termination of the Agreement on _________ on the basis of a violation by the Lessor of the terms of the Agreement, namely the unjustified inflation of prices for electricity in public areas.

According to the letter from LLC “________” dated _______, I, an individual entrepreneur, _______________ received an invoice for the current debt.

I do not agree with the indicated amount.

According to Art. 450 of the Civil Code of the Russian Federation, at the request of one of the parties, the contract can be changed or terminated by a court decision only:

1) in case of a significant violation of the contract by the other party;

2) in other cases provided for by the Civil Code of the Russian Federation, other laws or an agreement.

Due to a violation of the terms of the Agreement by the Lessor, I have the right to terminate the Agreement early without notifying the Lessor one month in advance.

Based on the reconciliation report dated _________. the debt for the variable component under the Lease Agreement is __________ rubles. However, I consider this amount to be unreasonably high.

According to the oral agreement between me and LLC "________" warranty sum of money under the Agreement constituted one fixed part. Consequently, I am not obliged to return the additional payment for the guaranteed amount of _________ rubles.

In accordance with Art. 330 of the Civil Code of the Russian Federation, a penalty (fine, penalty) is a sum of money determined by law or agreement, which the debtor is obliged to pay to the creditor in the event of non-fulfillment or proper execution obligations, in particular in case of delay in performance.

Due to the fact that I have not violated the terms of the Agreement, I am not obliged to pay penalties in the amount specified by _________ LLC.

According to Art. 309 of the Civil Code of the Russian Federation, obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with the customs of a business contract or other usually imposed requirements.

Thus, there are grounds for terminating the Agreement and recalculating the debt for payment of the variable part of the lease payments under the Lease Agreement for non-residential premises No. ________ dated ___________.

On the basis of the above, -

1. Terminate the Lease Agreement for non-residential premises No. _______, concluded between LLC “_______” and individual entrepreneur _____________________ dated ___________.

3. Set off the debt for variable payments under the Lease Agreement for non-residential premises No. _________ dated _________ into the guarantee amount under the specified Agreement.

In case of refusal or improper satisfaction of my demands, I will be forced to apply to the Arbitration Court of the _________ region with a statement of claim to terminate the Lease Agreement. In this case, your expenses will increase due to payment of legal expenses, including the costs of the services of a representative, whose help I will be forced to turn to.

ABOUT the decision taken please notify me at statutory deadline at: __________________________________________

" ____ " ______________ of the year

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IN entrepreneurial activity There are such incidents when the subtenant does not fulfill the obligation to pay for the leased property. Does not make payments for utilities: heating, water, electricity and gas, which are reflected in the lease agreement, in accordance with paragraph 4 of Article 154 of the Housing Code of the Russian Federation. And also does not bear the costs of repairs of the rented premises.

In this precedent, serve the tenant with a claim under the lease agreement. Put your claim on paper, indicate the points that were not complied with in accordance with the law and demand immediate payment for the use of the property.

If the tenant, having received a claim under the lease agreement, does not want to pay rent for the use of the property, then write a statement of claim to cancel the agreement and collect a sanction for the overdue period of time.

A well-drafted claim under a lease agreement can solve the problem without further recourse to court.

How to correctly write a letter of complaint to a tenant regarding his failure to fulfill his obligations to pay the established rent?

When making a claim, describe in more detail the points violated, referring to legal norms. The claim will be a supporting document when writing and submitting a statement of claim to the courts.

Write your claim in the following order:

Write with whom you have a lease agreement. Indicate what property the tenant is renting, what conditions the tenant must fulfill, according to the agreement drawn up between you, make references to the articles and laws applicable in your agreement;

Describe the clause in the contract that the subtenant violated. If necessary, confirm the presence of a document;
State your conditions for resolving this issue and indicate the deadlines for their implementation. Your request must comply with the law and mutual agreement. Specify an acceptable deadline for fulfilling your request so that the tenant does not protest the date set;
Indicate that if your request is not fulfilled, you will send an application to the court and demand payment of the principal debt and the accrued penalty for the overdue period.

Indicate your requirements in accordance with the articles of the Civil Code of the Russian Federation.

Features of drawing up a claim on the issue under consideration

The relationship between the landlord and the tenant is regulated by a system of rules established by the Civil Code of the Russian Federation. At the request of the Sublessee, the lease agreement may identify and indicate other reasons for premature termination of the agreement.

The lessor may terminate the lease agreement early if the tenant has previously been given a written warning about the fulfillment of the obligations specified in the lease agreement. This rule also applies to the subtenant if it is included in the agreement.

Since lease legal relations are quite diverse, make your claim by enlisting the legislative norms of the Civil Code of the Russian Federation and the terms of the lease agreement.

Eg: The lease agreement specifies the date of payment for the use of the property. In case of no payment or late payment, the tenant is charged interest on the remaining amount of the debt, in accordance with the signed agreement.

If the counterparty systematically violates the terms of the contract and does not fulfill the obligation, evading payment for the leased property, based on Article 619 of the Civil Code of the Russian Federation, refuse and cancel the contract. Send your refusal to fulfill the contractual relationship to the tenant as a complaint.

How to properly file a claim against a person renting your property who is not paying the agreed amount of money?

At the end of the claim, you (the landlord) sign and give it to the tenant. Ask the recipient to provide a date of receipt, a personal signature, and a transcript. Or send a claim to the tenant for non-payment of rent by certified mail with acknowledgment of receipt by mail.

If your claim was ignored by the subtenant, and payment for the rent of the premises did not appear within the specified time frame, write a statement of claim to the arbitration court.